If a building, structure, or other use of land was legal when it was constructed, then it generally stays legal, even if new regulations or amendments (that might otherwise make it illegal) are passed later.

Our staff keeps records that can sometimes confirm that a particular structure was in place before a new regulation was passed. If we don’t have a record, the owner will need to provide some type of documentation from an independent third party that substantiates their claim, along with a site plan (a drawing that shows all uses and structures on the property in question).

If an owner can’t prove that a structure existed before the regulation in question was passed, they’ll need to comply with it. Please contact our office at 928-368-8696 if you think that your land use might be legal nonconforming, and we’ll begin searching our records.

Conditional uses are neither absolutely permitted as a right, nor prohibited by law. They must be applied for and approved by the Planning and Zoning Commission. The conditional use regulations attempt to allow some flexibility, while still providing for the general health and safety of the community.

Conditional use permits are authorizations by the Town to allow a nonconforming use of land or structures. They require a public hearing, and are only granted for uses expressly authorized by the Town’s zoning regulations.

A variance is relief from or a modification of some provision of a zoning ordinance due to special circumstances which are not authorized in the Town’s zoning regulations. In Arizona, only the local Board of Adjustments can grant a variance.

Fill out an application and turn it in to the Community Development Department, along with any other requested information, and pay a $100 application fee. Once we receive your application, we will schedule a public hearing with the Board of Adjustments, who will decide whether or not to allow the variance.